Employers Who Remove Union Flyers While NLRB Election is Pending May be Breaking the Law

The National Labor Relations Board recently overturned an election because the employer was unlawfully removing union flyers from the employee break room in the period before the election. Previously this employer had permitted employees to keep non-union literature in the break room throughout the day, such as magazines and newspapers. After the Union filed its petition for election, the boss began clearing union flyers from the break room immediately after employee breaks. The Union then lost the election. The NLRB found that the removal of union literature was a change in policy and an unlawful reaction to the Union’s petition for election. It also found that the employer’s actions denied the workers access to an important form of communication during the campaign. Because this conduct occurred during the “critical period” (the period between the Union’s petition for election and voting day), the Board found it was sufficient grounds for overturning the election. Intertape Polymer Corp. 363 NLRB No. 187 (2016).

When the Union petitions for election, it’s important to be aware of all management’s negative reactions to the Union. Management has the upper hand when it comes to the workplace environment, but knowing the law can help the Union fight back.